Defined in Silver v. Silver, 387 N.J. Super. 112, 125-26 (App. Div. 2006) D.C. v. M.M. , N.J. Super. App. Div. Decided April 16, 2019 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Defendant appealed a FRO. The parties dated in 1982 and plaintiff alleged defendant assaulted her in 1983 after the relationship ended. Around…
FAMILY LAW | EVIDENCE | CRIMINAL LAW A.M. v. M.P., N.J. Super. App. Div. April 15, 2000 Submitted by Domestic Violence Lawyer, Jeffrey Hark. Defendant appealed from an amended final restraining order under the Prevention of Domestic Violence Act, in favor of plaintiff after the trial judge concluded that defendant’s conduct, which consisted of sending plaintiff a…
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not “constitute precedent or be binding upon any court.” Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. RCC v. PF SUPERIOR COURT OF NEW…
ISSUE: What constitutes “proving” Domestic Violence and what must the trial court do when the plaintiff ‘proves’ that domestic violence charge in family court? Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Ruling: When a predicate act of Domestic violence has been proven the issuance of a Final Restraining order will be perfunctory and…
In the Matter of the Application for Disposition of Weapons Belonging to D.S. , N.J. Super. App. Div. Decided February 11, 2019 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In this case the facts are pretty clear. The defendant was charges with several criminal charges, all of which were dismissed. However, as part of…
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. J.M. v. T.F., N.J. Super. App. Div. Facts: Defendant appealed from a final restraining order entered in favor of plaintiff pursuant to the Prevention of Domestic Violence Act of 1991. Plaintiff went to defendant’s home to pick up their daughter and was presented with a cup of…
Do you believe this is domestic violence? Can you win with these charges in court to get a temporary restraining order? What does it mean in a trial that the plaintiff must bear his/her burden of proof by a preponderance of the evidence? V.M. v. A.M. Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark.…
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. SAN FRANCISCO — The people who called into the help hotlines and domestic violence shelters said they felt as if they were going crazy. One woman had turned on her air-conditioner, but said it then switched off without her touching it. Another said the code numbers…
Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark Today were going to do a review one particular issue of the Domestic Violence law in New Jersey. We are going to examine the harassment and constitutes harassment. I’ve been charged with harassment I need to know for my job if that is that a domestic…
What you need to know if you’re charged with domestic violence and a restraining order in New Jersey
14-2-5643 L.M.W. v. A.P. , N.J. Super. App. Div. January 12, 2018 Have you been charged with domestic violence? Have you been criminally charged with harassment under NJSA 2C:33-4(c)? Did the court enter a final restraining order based on texts you sent your wife or girlfriend? Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In this…
Legal Developments
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New Jersey Survivors Justice Act: Sentencing Reform for Abuse Victims
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In January 2026, New Jersey Governor Phil Murphy signed into law a pair of bills known as the Survivors Justice Act (S-4870/A-5968 and S-4871/A-5969). This landmark legislation, championed by Senator Angela V. McKnight, Senator M. Teresa Ruiz, and other lawmakers, amends the state’s criminal code to allow courts…